Terms of Service Agreement & Disclaimer
EFFECTIVE DATE: April 1, 2018
This Terms of Service Agreement (“Agreement”) is a legal agreement between you and The Blacklist Alliance, and governs how you may use our website. By accessing or using the website, you indicate that you have read and understand this Agreementand agree to be bound by it. You must accept the terms of the Agreement in order to use the Web site. Any rights not expressly granted herein are reserved by The Blacklist.
This Agreement may periodically change without advance notice. If the agreement changes, we will post a notice on our Home page. When the Agreement is changed, the date of the latest revision will appear at the top of this page, together with a link to the previous version.
1. Our Role. The Blacklist Alliance offers a suite of services designed to minimize the risk and expense of Telephone Consumer Protection Act litigation. We are not a law firm, and do not offer legal advice of any kind. The information contained on this website (including the publications, blogs, guidelines, hereinafter referred to as “Content”), is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The Content contains general information, some of which is based on opinion. Matters stated as fact may not reflect current legal developments, including federal and state legislation, administrative rules, and precedents. The Content is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on the website as a source of legal advice. Any legal assistance available to our members is provided by outside law firms and individual attorneys selected by us.
2. The Service. For the purposes of this Agreement, “Service” is defined as access to the following services on a subscription or a pay-as-you-go basis:
(a) Predatory Litigation Database via API or user dashboard;
(c) Data Management Tools; and
3. User Conduct. Under the terms of this Agreement, you may not:
(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the website or Service;
(b) Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the website or Service;
(c) Interfere with or disrupt the website, or servers and networks connected to the website, or circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service;
(d) Impersonate any other person or entity, or allow any third party to use the Service under your account, share your password or other account information with anyone other than those you expressly authorize, or use the account of anyone other than your own;
(e) Modify the website or Service in any manner or form, or use modified versions thereof;
(f) Sell, assign, sublicense, or otherwise transfer any right in the Service or content accessible through the website,
(g) Use any robot, spider, scraper, or other automated means to access the Service for any purpose;
(h) Take any action that imposes or may impose an unreasonable or disproportionately large load on the Compare Power infrastructure; or
(i) Knowingly disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies, or otherwise utilize the Service in any manner that violates any statute, rule, or regulation.
4. Copyright and Trademark. The Blacklist claims a copyright in the content presented on this website, and authorizes you to view, copy, download and print content only for your personal informational purposes. Except as otherwise permitted under this Agreement, you agree not to copy, reproduce, modify, create derivative works from, or store any content, in whole or in part, from the website or to display, perform, publish, distribute, transmit, broadcast or circulate any content to anyone, or for any commercial purpose, without our prior written consent.
The trademarks, service marks, and logos (collectively, “Trademarks”) used and displayed on this website are registered and unregistered marks belonging to us and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. We aggressively enforce our intellectual property rights to the fullest extent of the law. Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without our prior, written permission. To request permission to use the Trademarks or content on this website please contact us.
We encourage you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
The Blacklist Alliance
Attention: Copyright Agent
7040 Avenida Encinas, Suite 104
Carlsbad, CA 92011
5. No Warranties and Limitation of Liability. Information provided on the website is provided “as is” without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose or non infringement. We periodically update, alter, add, and delete content on a regular basis.
We assume no liability or responsibility for any errors or omissions in the content, and under no circumstances and under no legal theory shall we be liable to you or any other person for any indirect, special, incidental or consequential damages of any character arising from your access to, or use of, the website. Any action you undertake based on the information provided in this Website is at your own risk.
In no event shall we be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of the information contained in this website, including without limitation to losses incurred due to: (a) any inaccurate information published on the site or any site accessible via an outbound link; (b) software glitches, server failures, power outages, or any other issue beyond our control; (c) damages or losses of any kind resulting from actions you take in reliance upon any results or other information contained in this website; and (g) any other damages or losses you may incur in connection with your use of The Blacklist website. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00). NOTE: This provision does not apply to New Jersey Residents.
6. Links to Third Party Sites. If you use any links on the website to websites operated by third parties, be advised that we are not responsible for the contents of such websites. These links are provided to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement of any linked website’s products, services, or information.
7. Jurisdiction; Choice of Law. This Agreement and your use of the website shall be governed by the laws of California, without regard to its conflict of laws provisions.If any provision of this Agreement is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.
8. Modification and Notice of Changes. We reserve the right to modify the information contained on this website or this Agreement at any time without notice. You are responsible for reviewing this Agreement on this website. Accessing this website after any changes to this Agreement have been posted thereon will constitute your acceptance of all such changes. You have the right to accept or reject any changes in this Agreement. If you reject any changes, please discontinue use of the website immediately.
9. Entire Agreement. This Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.
If you have any questions or concerns regarding this Agreement, please contact us.